Abortion

Yes?

No?

What is An Abortion?

Abortion means ending a pregnancy before the fetus (unborn child) can live independently outside the mother. If abortion happens spontaneously before 24 weeks of pregnancy, it is called a miscarriage. An induced (or "therapeutic") abortion is caused deliberately in order to end the pregnancy.

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Pro-life: People who are against abortion, often based on religion.

Pro-choice: People who are for the woman's right to decide over her own body and have an abortion if she chooses.

Are you Pro Life or Pro Choice?

History Of Abortion

1869- Parliament passed changes that permitted abortions but only “under strict circumstances.” This provision required women to seek approval from a therapeutic abortion committee composed of three medical practitioners.

1973-74 – Henry Morgentaler sets up an abortion clinic in Montreal contrary to law.  He is arrested, charged, found innocent, decision appealed, found guilty.  This happens three times.  Finally the Quebec government stops charging him and he continues to do abortions in Montreal.

1975 – A petition of over 1 million signatures, the largest in Canadian history, is presented to parliament requesting protection for the life of the unborn.

1975 – Joe Borowski, former NDP Minister of Highways in Manitoba, launches a court case asking that the 1969 amendments to the Criminal Code be declared invalid, and declaring that the outlay of public money for abortion is unlawful because it contravenes the Canadian Bill of Rights.

1981 – The province of Quebec sets up Abortion Clinics as part of its community health services.  These CLSC’s operate outside Canadian law but with the financial backing of the government of Quebec.

Timeline Of Significant Events

1982 – Henry Morgentaler announces plans to establish a free standing abortion clinic in Winnipeg.  Shortly thereafter he opens one in Toronto.  In Manitoba, the College of Physicians & Surgeons refuses to license the facility.

1983 – Morgentaler is charged with illegal abortion, along with abortionists Dr. Leslie Smoling and Dr. Robert Scott. Morgentaler and Scott are also charged in Winnipeg.

1985 – The Ontario jury acquits the abortionists after accepting Morgentaler’s use of the defense of necessity.  The Ontario Court of Appeal reverses the decision.  Morgentaler asks the Supreme Court to hear the case.

1988 – Criminal restrictions on performing abortions are effectively removed with the Supreme Court of Canada's ruling in R. v. Morgentaler. The abortion law is struck down on the basis of section 7 of the Charter of Rights and Freedoms which is the right to "life, liberty, and security of the person". The court states that the abortion law had created a situation in which access to abortion was not equal across the country: women in some areas could more easily receive an abortion than could those in other areas.

History Of Abortion

R. v. Morgentaler, [1988](S.C.C.)

Facts:Dr. Henry Morgentaler, Dr. Leslie Franck Smoling and Dr. Robert Scott were all qualified medical practitioners. The three doctors were charged with illegally performing abortions in a private clinic, contrary to section 251(1) of the Criminal Code. Section 251(4) of the Criminal Code required a woman who wanted an abortion to apply to a hospital where a special committee would approve the abortion only if it was necessary for the life or health of the woman. The abortion had to be done by a doctor who was not a member of the committee. The appellant’s clinic, however, served women who did not have such a certificate. Furthermore, the appellants made public statements asserting that women have the free choice to have an abortion, as well as directly criticizing the abortion laws in Canada. The appellants were charged with conspiring with one another with the intent to procure abortions contrary to ss. 423(1)(d) and 251(1) of the Criminal Code.

Issue(s):The Supreme Court considered seven issues:1. Whether s. 251 of the Criminal Code violates the rights and freedoms guaranteed by ss. 2(a), 7, 12, 15, 27 and 28 of the Charter. 2. If such a violation occurs, whether it is justifiable under s. 1 of the Charter. 3. Whether s. 251 of the Criminal Code is ultra vires the Parliament of Canada. 4. Whether s. 251 of the Criminal Code violates s. 96 of the Constitution Act, 1867. 5. Whether s. 251 of the Criminal Code unlawfully delegates federal criminal power to provincial Ministers of Health or Therapeutic Abortion Committees and, as such, whether the Federal Government has abdicated its authority in this area. 6. Whether ss. 605 and 610(3) of the Criminal Code violates the rights and freedoms guaranteed by ss. 7, 11(d), 11(f), 11(h), and 24(1) of the Charter. 7. If such a violation occurs, whether it is justifiable under s. 1 of the Charter.

Decison

Doctors Morgentaler, Smoling and Scott argued that section 251 of the Criminal Code violated a woman's guarantee to life, liberty and security of person found in section 7 of the Charter. The Supreme Court of Canada ruled that section 251 of the Criminal Code did violate section 7 of the Charter. The Court stated, "forcing a woman by threat of criminal sanction to carry a fetus to term unless she meets certain criteria unrelated to her own priorities and aspirations is a profound interference with a woman's body and thus a violation of the security of the person." The Court found that section 251 caused delays that might result in psychological or physical harm. Also the Court said the law set no standard by which the committees could judge the danger to a woman's health. Thirdly, because the section required hospitals to have at least four doctors to authorize and perform abortions, the operation was simply not available to many woman who relied on small or local hospitals.The Court struck down section 251 of the Criminal Code and the convictions of Doctors Morgentaler, Smoling and Scott.

Cases R. v. Drummond, Ontario Provincial Court (1996)Brenda Drummond is acquitted of murder after shooting a pellet gun into her birth canal two days before her full-term son is born. The charge of attempted murder is dismissed by the court on the basis that the child is not legally a person and therefore not included in the Criminal Code. The Attorney General of Ontario decides not to appeal this decision.

Winnipeg Child and Family Services (Northwest Area) v. G. (D.F.) 3 S.C.R. (1997)A woman identified as 'G' is five months pregnant with her fourth child and is addicted to glue sniffing. Two of G's other children were born disabled due to her addiction. Child and Family Services is permitted by the Manitoba Superior Court to detain G in a health care centre for treatment until her child's birth. The Manitoba Court of Appeal overturns this ruling, saying that child protection laws cannot be extended to unborn children. The Supreme Court of Canada agrees with this ruling saying that G's child is not a legal person possessing rights. "Any right or interest the fetus may have

Thesis Statement

Women should be given more rights than a fetus as denying them an abortion can violate a women’s mental integrity, and physical integrity.

Physical IntegrityPhysical integrity can also be known as bodily integrity it emphasizes the importance of yourself as a human being and self-determination over your own body.

1. Women’s have the right over their own health and how they want to be treated health wise.

* The decision of having an abortion or not is a difficult choice for many women and can cause them emotional distress affecting their emotional health. If a woman is not prepared for an abortion, it can stress her out and affect her emotional health. She may start thinking of negative things like how they are going to raise the baby and get money to support the baby.

2. There are many health problems associated with pregnancies and how they are carried out some are more serious then others.

* If the woman already has a health related disease that she knows will effect the baby, she should be able to choose to have an abortion to protect, not just her life, but also the babies.

Mental IntegrityThe right to mental integrity includes the

women's ability and self-knowledge to make the right moral decision.

1. A women's identity is the most important thing to her and the amount of control she as over her body affects how she will be seen as throughout society

2. Women's have the right to choose what they want to do with their body and what they choose is right for their lives.

Canadian Charter of Rights and Freedoms:

Section 7(Legal Rights)

7.  Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

What is a fetus?

A fetus is an unborn, developing mammal. The fetal stage comes after the embryo stage, after

the eighth week of gestation or the 10th week of pregnancy, and lasts until birth. A normally

developing fetus will have begun to form major identifying features at the end of the eighth

week, such as its nose and mouth. Its organs will also have begun to develop and will continue to

do so until it is born.

Section 233(1) Infanticide

233. A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.

How are Women's rights more important then a

fetus?

1. A woman is a living person and is both physically and mentally developed.

2. A fetus is not considered a human being scientifically and has no mental features that a normal living human being has. A fetus is not an actual human being and does not have any rights under the charter.

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Conclusion

A women's physical integrity means a lot to her, especially in today’s society since people are often judged on their physical well-being. If a

woman mentally decides that having an abortion is right for her, she should be allowed to do so.

Women's rights are more important than those of a fetus. A woman is a fully developed human

being and should have the right to do whatever she thinks is morally right for her and her body.